California Bar Constitutionally Immune From Suit, Court Says (1)

The California State Bar is immune from suit under the 11th Amendment to the US Constitution, a federal appeals court ruled Wednesday, rejecting an attorney’s disability accommodation lawsuit.

The US Court of Appeals for the Ninth Circuit concluded its former standard for judging when an entity is an arm of state—its so-called Mitchell factors—had long ago been superseded by US Supreme Court rulings. Instead of applying Mitchell, the San Francisco-based court imported a more recent standard developed by the D.C. Circuit, one that focuses more on the nature of the entity being sued than the potential financial consequences.

“Though ...